PUKHA RAM Vs. STATE OF RAJ.

JUDGEMENT

(1.) THE instant special appeal has been filed against the order dated 11.11.2013 passed by learned Single Judge in SB Civil Writ Petition No. 5549/2012 whereby the learned Single Judge dismissed the writ petition filed by the petitioner in which a prayer was made for calculating the services rendered by the petitioner appellant in Panchayat Samiti Desuri as qualifying service for pensionary benefits and to re -compute his retiral benefits including pension.

(2.) LEARNED counsel for the appellant vehemently argued that the petitioner appellant was initially appointed as Teacher vide order dated 17.11.1981 issued by the Vikas Adhikari, Panchayat Samiti Desuri and the said order for appointment was purely on temporary basis till regularly selected teachers are made available. The petitioner worked as Teacher on temporary basis till 20.10.1983 and while serving as Teacher in the Panchayat Samiti, Desuri, the petitioner appellant participated in the recruitment process for appointment for the post of School Lecturer in the Education Department initiated by the Raj. Public Service Commission, he was selected as School Lecturer and appointed in the Education Department on 21.10.1983. The petitioner appellant was superannuated from service while working as Principal on 31.10.2011 from the Education Department but at the time of finalizing his pension case and retiral benefits, the respondents did not count the period for which the petitioner appellant worked as Teacher on temporary basis under the Panchayat Samiti, Desuri.

(3.) LEARNED counsel for the appellant invited our attention towards the judgment of this Court rendered by learned Single Judge of this Court in case of Guman Singh Vs. State of Raj. & Ors., reported in : 1998 (2) RLW p. 1067, which is completely ignored by learned Single Judge, therefore, submits that the order impugned dated 11.11.2013 passed by learned Single Judge may be quashed and the respondents may kindly be directed to calculate the period of service from 17.11.1981 to 20.10.1983 as qualifying service for pension and retiral benefits and revise the retiral benefits and pension accordingly.